Card Terms & Conditions

Chatime Card Terms of Use – November 26, 2020 

This Agreement (“Agreement”) is between you and Kevito Limited Inc. (“we” or “us”) and describes the terms and conditions that apply to your gift card for the following brands, including but not limited to: Chatime, Bake Code, Bake Code Croissanterie, Atealier by Chatime, Chatime Innovation Bar, Chatime Express (the “Card”). By buying, loading or using your Card, you agree to these terms.

This Agreement includes an Arbitration provision that governs any disputes between you and us. Unless you opt out, as described below, this provision will:

• Eliminate your right to a trial by jury; and
• Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your Card by electronic means, including posting such materials online at https://www.chatime.ca

About Your Account

We issue the Card to you. It allows you to load a dollar value onto your Card for use at participating Chatime, Bake Code, Bake Code Croissanterie, Atealier by Chatime, Chatime Innovation Bar, or Chatime Express stores in Ontario and British Columbia. The dollar value that you load onto your Card is a prepayment for the goods and services of participating stores. We offer the Card to make it easier for you to shop with us and to make your relationship with us more rewarding. Unless otherwise required by law or permitted by this Agreement, the dollar value on your Card is nonrefundable and may not be redeemed for cash. The value on your Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.

Cards are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use Cards under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. When you register your Card with the Societea Rewards program, the Societea Rewards terms of use will also apply and can be found at www.chatime.ca/rewards/terms

Loading Value on Your Card

You can load value on your Card by visiting any participating store or registering the Card to your Societea Rewards account on the Societea mobile app.There may be a delay from the time you pay the amount to be loaded onto your Card and those funds being available for use.

You may not have more than $500 in value on any of your Cards at any time, and no more than $2,000 may be associated with any one Card in a single day. This means that the activity on any one of your Cards cannot exceed $2,000 over the course of a day. The total value you may load onto all of your Cards, together with the value of any new Cards that you may purchase, may not exceed $10,000 on any given day. There is a minimum amount that you may load on any Card at any given time, and that amount is $5. We may change any of these amounts at any time without notice to you.

If you use a credit or debit card to purchase or reload your Card, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction (“Transaction”). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or ours may attempt to contact you for additional information prior to authorizing the Transaction amount.

For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction. If your Transaction is cancelled, we will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.All amounts loaded onto your Card are denominated in Canadian Dollars (the “base currency”). Cards purchased in Ontario may also be used in British Columbia and vice-versa.

Automatic reload is also available through the Societea Mobile App. You simply set the balance at which you want to reload and provide us with payment information through the mobile app. We will bill your credit card or debit card according to the auto-reload threshold you have selected. We will also send you an email after each reload purchase to let you know your Card has been loaded. You can change your reload threshold preferences at any time, but changes may take up to twenty-four (24) hours to go into effect. To stop the automatic reload feature, you must log-in to your Societea account on the Societea Mobile App and cancel the auto-reload at least twenty-four (24) hours before the next scheduled reload. Once the dollar value is loaded, the Transaction cannot be reversed.

Promotional Programs

From time to time, we may, in our sole discretion, run promotional programs associated with the Card program (“Promotions”). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.

Fees and Expiration of Card Balances

We do not charge any activation, service, dormancy or inactivity fees in connection with your Card. Your Card has no expiration date nor does the value on your Card ever expire.

Receipts and Transaction History

When you use your Card, we will provide a receipt if you request one. The receipt will indicate that the purchase was made using a Card and will provide the remaining balance of your Card. Please check your Card transaction history regularly through the Societea Mobile App to ensure that your transaction history and account balance are correct. You can check the balance of your Card if you have registered it on the Societea Mobile App. We will not send you statements of activity on your Card.

Billing Errors, Corrections

We will correct the balance of your Card if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you wish to dispute any transaction or correction that has been applied to your Card, please email Customer Care at feedback@chatime.ca. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the transaction in question.

Fraud Associated with Your Card or Card Balance

We will not accept any Card, or will limit use of any Card or the Card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. We do not control who may sell preloaded Cards, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, we have no liability to you for any third party fraud or unlawful activity associated with any Card balance. If we discover any Card or Card balance was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted Cards and retain all related Card balances without notice to you. We may use retained Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load Cards.

Registration, Liability for Unauthorized Transactions

To register your Card, please download the Societea mobile app. When registering for or purchasing a Card, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your Card. If you believe your Card has been disabled in error, please email feedback@chatime.ca. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your Card information. All of your Cards can be registered for use in your Societea Rewards account, but you may only maintain one (1) such account at any time.

You should treat your Card like cash and not disclose your Card information to anyone. If your Card or Card information is lost or stolen, anyone who obtains possession of either may use your Card. You are responsible for all transactions on your Card, including unauthorized transactions. However, if your Card is lost, stolen or destroyed, your Card can be replaced with the balance remaining on it at the time you contact us, but only if you have previously registered it with us.

If your registered Card becomes lost, stolen or damaged, contact us immediately by email at feedback@chatime.ca. Your registered Card balance is protected from the time you notify us. We will freeze the remaining balance on your Card at the time you notify us and will load that remaining balance on a replacement Card.

Privacy Statement

Please read our Privacy Policy at https://chatime.ca/privacy-policy/ carefully to understand how we collect, use and disclose information about customers, how to update or change your personal information and how we communicate with you.

Changes to This Agreement

We may amend this Agreement at any time. We will post the amended Agreement to our website at https://www.chatime.ca and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Cards. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your Cards after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your Cards and refund any remaining balance to you.

Cancellation of This Agreement

We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Card including your failure to provide valid information. If we terminate this Agreement without cause, we will refund or issue store credits equal to the balance on your cancelled Card(s), less any amounts that you may owe us.

Disclaimers and Limits of Liability

We and our affiliates, parent, and subsidiaries make no representations, warranties or conditions of any kind, express or implied, with respect to the Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. We do not represent or warrant that your Cards will always be accessible or accepted.

In the event that we or our affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Card. We and our affiliates, parent, and subsidiaries shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall we and our affiliates, parent, and subsidiaries have any liability for unauthorized access to, or alteration, theft or destruction of a Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

The laws of certain provinces or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Indemnification

If anyone brings a claim against us related to your use of the Site, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event organizers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

Disputes, Including Mandatory Arbitration and Class Action Waiver

Any dispute or claim relating in any way to your use of the Card will be resolved by binding arbitration rather than in court, with the following exceptions:

You may assert claims in small claims court if your claims apply;

If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a court located within Toronto, Ontario, and we both consent to the jurisdiction of that court for such purposes; and

In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us may be commenced only in a court located within Ontario, Toronto, and we both consent to the jurisdiction of that court for such purposes.

The arbitration agreement in these Terms is governed by the Canada Commercial Arbitration Act (CAA), including its procedural provisions, in all respects. This means that the CAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below.

This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Kevito Ltd., Unit 115 60 Scarsdale Road, North York, Ontario, M3B 2R7, Attn: Legal. You may download the forms located at http://www.jamsadr.com/rules-download-rules. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com/rules-download-rules or by calling (416) 861-1084. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. We will reimburse those fees for claims totaling less than $500 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.

You agree that these Terms will be governed by and construed in accordance with the law of the Province of Ontario to the fullest extent possible. Both you and us agree to irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario.

Assignment

We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.

Entire Agreement, Construction

This Agreement is the complete and exclusive statement of agreement between you and us, and supersedes and merges all prior proposals and all other agreements governing your Card (not including Privacy Policy  https://chatime.ca/privacy-policy/, the Chatime.com Terms and Conditions https://chatime.ca/terms-conditions/ or the Societea Rewards Terms of Use https://chatime.ca/rewards/terms, as applicable). If any provision of this Agreement, other than the Class Action Waiver in the Arbitration provision above, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.